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Terms and Conditions

Terms and Conditions of Freshquote LLC

Welcome to Freshquote LLC. By using our services, you agree to the following terms and conditions. Please read them carefully.

  • About Freshquote LLC
    Freshquote LLC is a personal insurance lines specialist marketing firm that connects consumers with licensed insurance agents across the United States. Our role is to match you with qualified insurance agents who can assist you in finding personal insurance products such as auto, home, and life insurance.
  • Services Provided
    Freshquote LLC does not sell insurance products directly. Instead, we facilitate connections between consumers and licensed insurance agents. These agents are responsible for providing you with detailed information regarding insurance policies and options.
  • Consent to Communication
    By submitting your information through Freshquote LLC’s website or any affiliated platforms, you are expressly consenting to receive communications from Freshquote LLC and licensed insurance agentsand/orthe licensed insurance agents we connect you with via phone, text (SMS/MMS), and email. This communication is intended to provide you with information about insurance products, services, and quotes.

    • Text Messaging Consent: By providing your phone number, you agree to receive automated marketing text messages and calls from Freshquote LLC or the licensed insurance agents we connect you with. Message and data rates may apply. You can opt-out at any time by replying "STOP" to any message or by contacting us directly.
    • Email Consent: By providing your email address, you agree to receive marketing and informational emails from Freshquote LLC and/or the licensed insurance agents we connect you with. You may unsubscribe from these emails at any time by following the opt-out instructions provided in each email.
    • Revoking Consent: You may withdraw your consent to be contacted via phone, text, or email at any time by contacting Freshquote LLC directly or by using the opt-out mechanisms described above.
  • Third-Party Agents
    Freshquote LLC connects you with third-party licensed insurance agents who operate independently of Freshquote LLC. While we strive to ensure that all agents in our network are qualified and licensed, Freshquote LLC is not responsible for the actions, services, or advice provided by these agents.

  • Privacy Policy

    Freshquote LLC respects your privacy. Any personal information you provide will be used solely for the purpose of matching you with licensed insurance agents and will not be sold or shared with third parties, except as necessary to provide our services. Please refer to our Privacy Policy for more details.

  • No Guarantee of Insurance Coverage or Rates
    Freshquote LLC makes no guarantee that you will be offered insurance coverage, specific rates, or terms from any agent or carrier. Insurance offers and quotes are subject to the terms and conditions of the individual insurance carrier and agent.

  • Limitation of Liability
    Freshquote LLC does not provide information, guidance or advice for your insurance needs and shall not be liable for any damages or losses arising from your interactions with licensed insurance agents, including but not limited to decisions you make based on their advice, guidance or information.

NO WARRANTIES; DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY LAW, Freshquote LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE, THE FRESHQUOTE LLC SERVICES OR THE CONTENT, OR ANY SITE WITH WHICH IT IS LINKED, WHICH ARE EACH PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. Freshquote LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, THE Freshquote LLC SERVICES, THE CONTENTS, AND ANY SITE WITH WHICH THIS SITE MAY BE LINKED. Freshquote LLC DOES NOT WARRANT THAT THE Freshquote LLC SERVICES, THIS SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE ERROR FREE, UNINTERRUPTED, OR OTHERWISE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES), OR THAT ANY DEFECTS WILL BE CORRECTED. Freshquote LLC ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. Freshquote LLC DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.

EXCLUSIONS/LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, Freshquote LLC, ON BEHALF OF ITSELF AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY OF THE Freshquote LLC SERVICES, THE SITE OR ANY CONTENT PROVIDED ON THE SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY Freshquote LLC’S GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT.  NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW. LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  • DISPUTE RESOLUTION

    Mandatory Arbitration

    In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, the Site, or your use thereof, the parties shall first attempt, promptly and in good faith, to resolve any such dispute informally between them. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), YOU AGREE THAT THE DISPUTE SHALL, UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES FOR ANY PARTICULAR DISPUTE, BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, PURSUANT TO THE THEN-CURRENT CONSUMER ARBITRATION RULES.  ANY ARBITRATION COMMENCED BETWEEN YOU AND Freshquote LLC, ITS PARENT, OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, “THE Freshquote PARTIES”) MUST BE ARBITRATED IN TEXAS. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.  THIS MEANS NEITHER YOU NOR THE Freshquote PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE.  

    RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.

    GOVERNING LAW, VENUE AND DISPUTE RESOLUTION

    These Terms and Conditions are governed by, and construed in accordance with U.S. Federal laws (including 9 U.S.C. 2)  and the laws of the State of Texas, without giving effect to any principles of conflicts of law. For any claims not subject to mandatory arbitration pursuant to this agreement, you agree to submit to the exclusive jurisdiction of the courts of the State of Texas or, if appropriate, the United States District Courts located in Texas for resolution of any dispute, action or proceeding arising in connection with these Terms and Conditions or your use of Freshquote LLC’s services, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

  • ATTORNEYS’ FEES

    If we take any legal action against you as a result of your violation of these Terms and Conditions, we will be entitled to recover from you, and you agree to immediately pay, all reasonable attorneys’ fees and costs of any such action, in addition to any and all other relief granted to any of us. You agree that we shall not be liable to you or to any third party for termination or elimination of your access to this webite or any of the Freshquote LLC’s services as a result of any violation of these Terms and Conditions.

  • Changes to Terms and Conditions

    Freshquote LLC reserves the right to update these terms and conditions at any time. Any changes will be posted on this page with an updated effective date.

    13.    Contact Information

    If you have any questions regarding these terms and conditions, please contact us at:

    Freshquote LLC

    Email: info@freshquote.com

    Privacy Policy of Freshquote LLC

    Effective Date: October 1, 2024

    Freshquote LLC ("we," "us," or "our") is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, and protect your personal information when you interact with our services. By using our website or providing us with your personal information, you agree to the terms of this Privacy Policy.

  • Information We Collect

    When you use our services, we may collect the following types of personal information:

    • Contact Information: Your name, email address, phone number, and mailing address.
    • Insurance Information: Details about your insurance needs, such as your current insurance coverage, type of insurance sought, and relevant personal information to facilitate connecting you with licensed insurance agents.
    • Communication Data: Any communications you send to us, including emails, text messages, and calls.
  • How We Use Your Information

    The personal information we collect is used solely for the purpose of providing and improving our services. Specifically, we use your information to:

    • Connect you with licensed insurance agents who can assist with your insurance needs.
    • Provide you with relevant information about insurance products and services.
    • Send you communications related to quotes, policy information, or offers (with your consent).
    • Respond to inquiries, questions, and customer service requests.
  • We Do Not Sell Your Information

    Freshquote LLC does not and will not sell, rent, trade, or share your personal information with third parties for their marketing purposes, except as otherwise stated herein. The information you provide is only shared with the licensed insurance agents we connect you with, and solely for the purpose of assisting you with your insurance needs.

  • Sharing of Information

    We only share your personal information in the following circumstances:

    • With Licensed Insurance Agents: We share your information with the licensed agents who are qualified to help you with your insurance inquiries. These agents are not employees of Freshquote LLC and are responsible for adhering to their own privacy practices.
    • For Legal Reasons: We may disclose your personal information if required to do so by law or in response to a legal request, such as a subpoena, court order, or government investigation.
    • Communication Data: Any communications you send to us, including emails, text messages, and calls.
  • How We Protect Your Information

    We take the security of your personal information seriously and implement reasonable measures to protect it from unauthorized access, disclosure, alteration, or destruction. While we strive to use commercially acceptable means to protect your information, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.

  • Your Rights and Choices

    You have the right to:

    • Access and Correct Your Information: You may request to review, update, or correct the personal information we hold about you at any time.
    • Opt-Out of Communications: You may opt-out of receiving marketing communications from us at any time by following the unsubscribe instructions in our emails or by replying "STOP" to text messages.
    • Request Deletion: You may request that we delete your personal information, subject to certain legal obligations we may have to retain data.
  • Cookies and Tracking Technologies

    We may use cookies and similar tracking technologies to enhance your experience on our website. Cookies are small data files that help us understand user activity. You can adjust your browser settings to refuse cookies or alert you when cookies are being sent, though this may affect your ability to use certain features of our website.

  • Children’s Privacy

    Our services are not intended for use by children under the age of 18. We do not knowingly collect or solicit personal information from individuals under the age of 18. If we discover that we have collected personal information from a child without appropriate parental consent, we will delete that information as quickly as possible.

    • SECURITY NOT GUARANTEED
      You acknowledge and agree that no data transmission over the Internet can ever be guaranteed to be 100% secure. Methods employed to secure and protect your information, including encryption, are not a guarantee of protection against loss, misuse, unauthorized access, disclosure, modification or destruction of your information. Accordingly, you understand that the we cannot ensure or warrant the security of any information you transmit or that is otherwise received by us. YOUR USE OF THIS WEBSITE AND/OR TRANSMISSION OF ANY AND ALL INFORMATION TO US IS AT YOUR OWN RISK.

    • Changes to This Privacy Policy We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. Any changes will be posted on this page with an updated effective date.

      12. NOTICE TO CALIFORNIA RESIDENTS AND USERS IN OTHER STATES

      Currently, there is no worldwide uniform or consistent industry standard or definition for responding to, processing or communicating Do Not Track signals. Therefore the Site is not currently able to respond to Do Not Track signals.

      California Civil Code § 1798.83 permits residents of California to request from us a notice disclosing: (1) the categories of personal information we have shared with third parties, if any, for the third parties’ direct marketing purposes, during the preceding calendar year, and (2) the names and addresses of those third parties. 

      Depending on your state of residence and in accordance with applicable law, you may have certain privacy rights. 

      If you want to exercise any Privacy Right or if you have questions or concerns about our privacy policies and information practices, you may contact us at:

      Freshquote LLC

      Email: info@freshquote.com